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F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017

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Page 1: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

FampB Health Care Webinar

By Robert Aronson Loan Huynh

February 8 2017

DISCOVER YOUR COMPETITIVE EDGE MAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION

Objectives of Program

bull Skill-BuildingExpanding Recruitment Toolbox

bull Making Immigration Work for Physician Recruitment and Retention

bull A Brief Immigration Update

copy 2017 Fredrikson amp Byron PA

The Elephant in the Room The Executive Order

bull What it initially stated bull What it says today bull What will happen in the future

copy 2017 Fredrikson amp Byron PA

What May Be Coming In the Future

bull Needs of General Business Community

bull H-1B Reform bull Worksite Enforcement

copy 2017 Fredrikson amp Byron PA

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 2: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

DISCOVER YOUR COMPETITIVE EDGE MAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION

Objectives of Program

bull Skill-BuildingExpanding Recruitment Toolbox

bull Making Immigration Work for Physician Recruitment and Retention

bull A Brief Immigration Update

copy 2017 Fredrikson amp Byron PA

The Elephant in the Room The Executive Order

bull What it initially stated bull What it says today bull What will happen in the future

copy 2017 Fredrikson amp Byron PA

What May Be Coming In the Future

bull Needs of General Business Community

bull H-1B Reform bull Worksite Enforcement

copy 2017 Fredrikson amp Byron PA

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 3: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Objectives of Program

bull Skill-BuildingExpanding Recruitment Toolbox

bull Making Immigration Work for Physician Recruitment and Retention

bull A Brief Immigration Update

copy 2017 Fredrikson amp Byron PA

The Elephant in the Room The Executive Order

bull What it initially stated bull What it says today bull What will happen in the future

copy 2017 Fredrikson amp Byron PA

What May Be Coming In the Future

bull Needs of General Business Community

bull H-1B Reform bull Worksite Enforcement

copy 2017 Fredrikson amp Byron PA

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 4: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

The Elephant in the Room The Executive Order

bull What it initially stated bull What it says today bull What will happen in the future

copy 2017 Fredrikson amp Byron PA

What May Be Coming In the Future

bull Needs of General Business Community

bull H-1B Reform bull Worksite Enforcement

copy 2017 Fredrikson amp Byron PA

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 5: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

What May Be Coming In the Future

bull Needs of General Business Community

bull H-1B Reform bull Worksite Enforcement

copy 2017 Fredrikson amp Byron PA

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 6: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Specific Impact on IMG Recruitment

bull Interplay with Healthcare Reform (Obamacare)

bull IMG Interests (Stabilization) bull Foreseeability in Process bull Patient Issues

copy 2017 Fredrikson amp Byron PA

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 7: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

WHAT IS GOING ON IN HEALTHCARE STAFFING WHERE DOES IMMIGRATION FIT IN

copy 2017 Fredrikson amp Byron PA

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 8: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Definition of Terms

What is an International Medical Graduate (IMG)

copy 2017 Fredrikson amp Byron PA

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 9: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Why Even Consider International Physicians bull Shortages in Physician Workforce bull Regard as Non-Traditional Physician Provider

Source bull Immigration Steers IMGs into Hard-to-Fill

Positions o Geographic o Practice Specialty o Safety-Net Positions

bull Immigration as Retention Tool

copy 2017 Fredrikson amp Byron PA

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 10: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Disincentives to IMG Recruitment

bull Time bull Expense bull Working with Attorneys (Ouch) bull CulturalLinguistic Concerns bull StabilityDuration of Commitment bull Concerns with Clinical Capabilities bull Complexity of Immigration Process

copy 2017 Fredrikson amp Byron PA

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 11: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

What to Do When Considering IMG Candidate bull Contact Immigration Counsel Early in

Recruitment Cycle bull Get Strategy Memo

o Great Recruitment Initiative o Troubleshoot at the Beginning

copy 2017 Fredrikson amp Byron PA

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 12: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

How to Get Competitive Edge in IMG Recruitments bull Understand Objectives of IMG

o Good JobCareer Advancement o Stable Immigration

bull Address Immigration Objectives Up-Front bull Form the TeamInvolve Immigration Counsel bull Sensitive to DependentsSpousal Issues bull Demystify Permanent Resident Process bull Consider Transparent IMG Policy

copy 2017 Fredrikson amp Byron PA

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 13: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Three (3) Paradigms of IMG Recruitment

i J-1 Exchange Visitor ii H-1B Temporary Worker iii Permanent Resident

copy 2017 Fredrikson amp Byron PA

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 14: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

J-1 Exchange Visitor

copy 20__ Fredrikson amp Byron PA

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 15: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

What is a J-1 Exchange Visitor

bull Temporary Non-immigrant Visa bull Limited to Graduate Medical

Education bull Seven Years Duration bull Mandatory Two-Year Home

Residential Obligation

copy 2017 Fredrikson amp Byron PA

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 16: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Implications of Two-Year Residence Obligation

bull As long as the obligation remains in existence a J-1 physician is ineligible for o H-1B Visa o Permanent Residence

copy 2017 Fredrikson amp Byron PA

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 17: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)

bull Get a Waiver bull Return to Home Country for Two

Years bull O-1 Option (Quite Selective) as Alien

of Extraordinary Abilities

copy 2017 Fredrikson amp Byron PA

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 18: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

J-1 Waiver Options 3 Options bull Exceptional Hardship to Anchor

Relative bull Persecution bull Sponsorship by Government Agency

copy 2017 Fredrikson amp Byron PA

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 19: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Why Would Government Agency Override IMGrsquos Return to Home Country

Single Reason To Serve the Public Interest

copy 2017 Fredrikson amp Byron PA

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 20: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

4 Government Waiver Paradigms

bull Physician-Scientist (NIH) bull USG Employer (VA US Army) bull Federal Government Agencies (HHS or

Regional Agencies) bull State Departments of Health (Conrad

State 30 Waiver)

copy 2017 Fredrikson amp Byron PA

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 21: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Conrad State 30 Waiver Program

bull Administered by State Department of Health bull Limit of 30 waivers per fiscal year o FLEX Waivers for Non-Medically

Underserved Placements o 20 ndash 30 Waivers Restricted to

HPSAMUAMUP bull Opens October 1 bull Valid for Primary Care or Specialty Care

Physicians

copy 2017 Fredrikson amp Byron PA

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 22: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Underlying Policy

To Expand the Safety-Net to Medically Vulnerable Patient Populations

copy 2017 Fredrikson amp Byron PA

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 23: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

If Waiver Granted Then What

bull 3-Year H-1B Obligation bull Need to Fulfill or Else Ineligibility for

Permanent Residence bull Retention Function

copy 2017 Fredrikson amp Byron PA

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 24: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

What is H-1B Temporary Work Classification

bull Temporary Non-immigrant bull Six Years Duration bull Employer SponsoredEmployer

Specific bull Workhorse for Professional

Employment

copy 2017 Fredrikson amp Byron PA

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 25: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Two Types of H-1B Sponsorships

bull H-1B Cap Subject bull H-1B Cap Exempt

copy 2017 Fredrikson amp Byron PA

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 26: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

What is the H-1B Cap

bull 65000 H-1B Visa Numbers + 20000 Supplement

bull Application Period Opens April 1st bull Demand Substantially Exceeds

Supply

copy 2017 Fredrikson amp Byron PA

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 27: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Who is Exempt from H-1B Cap

bull J-1 Waivered Physicians bull Universities bull Non-Profit University Affiliated Entities bull Many H-1B Extensions bull Miscellaneous Other Situations

copy 2017 Fredrikson amp Byron PA

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 28: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Who is Subject to the H-1B Cap

bull All Other H-1B Sponsorship Situations

copy 2017 Fredrikson amp Byron PA

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 29: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap

copy 2017 Fredrikson amp Byron PA

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 30: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Permanent Residence Options Two Basic Options

bull PERM Labor Certification Application bull National Interest Waiver

copy 2017 Fredrikson amp Byron PA

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 31: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Final Thoughts Putting the Pieces Together

bull Need for Advanced Planning bull Putting Together the Team bull Make Immigration Work for your

Recruitment Program bull Make Immigration Work for your

Retention Program

copy 2017 Fredrikson amp Byron PA

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information
Page 32: Health Care Webinar - Fredrikson & Byron, Law Firm, Minneapolis … · 2019. 4. 18. · F&B Health Care Webinar By: Robert Aronson Loan Huynh February 8, 2017 . DISCOVER YOUR COMPETITIVE

Contact Information

Robert Aronson Phone 6124927260 Email raronsonfredlawcom

Loan Huynh Phone 6124927165 Email lhuynhfredlawcom

Presented by

copy 2017 Fredrikson amp Byron PA

  • FampB Health Care Webinar
  • DISCOVER YOUR COMPETITIVE EDGEMAKING IMG RECRUITMENT WORK FOR YOUR ORGANIZATION
  • Objectives of Program
  • The Elephant in the RoomThe Executive Order
  • What May Be Coming In the Future
  • Specific Impact on IMG Recruitment
  • WHAT IS GOING ON IN HEALTHCARE STAFFINGWHERE DOES IMMIGRATION FIT IN
  • Definition of Terms
  • Why Even Consider International Physicians
  • Disincentives to IMG Recruitment
  • What to Do When Considering IMG Candidate
  • How to Get Competitive Edge in IMG Recruitments
  • Three (3) Paradigms of IMG Recruitment
  • J-1 Exchange Visitor
  • What is a J-1 Exchange Visitor
  • Implications of Two-Year Residence Obligation
  • J-1 Physicianrsquos Options Upon Conclusion of Graduate Medical Education (GME)
  • J-1 Waiver Options 3 Options
  • Why Would Government Agency Override IMGrsquos Return to Home Country
  • 4 Government Waiver Paradigms
  • Conrad State 30 Waiver Program
  • Underlying Policy
  • If Waiver Granted Then What
  • What is H-1B Temporary Work Classification
  • Two Types of H-1B Sponsorships
  • What is the H-1B Cap
  • Who is Exempt from H-1B Cap
  • Who is Subject to the H-1B Cap
  • Importance of Determining Up-Front Whether Case is Subject To or Exempt from H-1B Cap
  • Permanent Residence OptionsTwo Basic Options
  • Final Thoughts Putting the Pieces Together
  • Contact Information